dojW000471.xml

dojW000471.xml

born-digital

email

yes

no

2001-11-16

November 16, 2001

Kenneth L. Zwick, Director
Office of Management Programs
Civil Division
U.S. Department of Justice
Main Building, Room 3140
950 Pennsylvania Avenue NW
Washington, DC 20530

Re: September 11th Victim Compensation Fund of 2001

Dear Mr. Zwick:

In response to the Justice Department request for comment on Rulemaking regarding the September 11 Victim Compensation Fund of 2001, I urge you promulgate regulations which would address the needs of victims' surviving minor children from more than one marriage.

I represent , parent and legal guardian of the estates of her minor children, and , all of New Canaan, Connecticut. and father, was killed in the World Trade Center attack. was an employee of the Company.

After his divorce from , remarried and had two more children issue of the second marriage. In his Will, designated his second wife and his brother as co-executors of his estate.

Under these circumstances the statutory concept of an eligible claimant should include, at least, the legal guardian of all minor children of the victim. Otherwise, decisions regarding the financial interests of minor children of a different marriage, indeed the fundamental decision of whether to forego litigation in favor of a Victim Compensation Fund claim, could be left to a "personal representative" having no legal or familial relation at all to the victim's minor children from the earlier marriage.

To avoid the potential of disparate treatment among a victim's minor children inherent in having only the personal representative of a decedent eligible to file claims, the legal guardian of all the victim's minor children should be designated as eligible claimants. This will assure that the individual who has been designated by State law as responsible for the children's welfare and finances will have the authority to act on their behalf in Victims Compensation Fund claims and will protect against the children being bound by decisions made by an individual who has no authority to act for them.

I have read estimates indicating that as many as fifteen thousand children were orphaned by the September 11th attacks. Given the prevalence of divorce, it is probable that several thousand surviving children could be affected by the definition of eligible claimant under the Act. Favorable consideration should be given to including the legal guardian of all victims' minor children within that definition.

Thank you for your consideration of these comments.

Individual Comment

2001-11-16